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(영문) 서울남부지방법원 2015.03.03 2014가단60006

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute with each other; or (b) the entry in the evidence Nos. 2 through 5, the purport of the entire pleadings.

The defendant and the non-party B reported their marriage on May 19, 1959.

B. Around July 20, 1993, the Plaintiff leased to the Defendant a building listed in the separate sheet (hereinafter “instant building”) that is a public construction rental house under Article 16 of the Housing Act (hereinafter “the instant building”), and the said lease contract has been renewed every two years. The Plaintiff and the Defendant concluded a contract to renew the previous lease by setting the deposit of KRW 7.17 million on November 25, 2013, the monthly rent of KRW 95,700, and the lease period from December 1, 2013 to November 30, 2015, and agreed that the contract may be rescinded or terminated when the Defendant or a person who belongs to that household owns another house during the lease period.

(2) The lease contract of this case is referred to only as "the lease contract of this case".

The defendant and B were divorced on July 4, 2014 by the decision of recommending reconciliation. D.

In accordance with Article 29(5) of the Rules on Housing Supply, the Plaintiff confirmed that B made a registration of ownership transfer on June 22, 1989 with respect to 3 201, Nam-gu, Incheon Metropolitan City Carryover on June 22, 1989, and notified the Defendant of the termination of the instant lease agreement and requested the delivery of the instant building.

2. The Plaintiff asserts that, as the Defendant violated the instant lease agreement, the Plaintiff is obligated to deliver the instant building to the Plaintiff upon the Plaintiff’s notice of termination.

On this issue, the defendant asserts to the effect that the plaintiff's claim is unfair because he is not a member of the actual household because he is in a separate contact situation from B since 1969.

Even if the spouse of the defendant becomes to own another house during the term of lease, the plaintiff, a lessor, is based on the provisions for termination of the contract of this case.